Gay Marriage Upheld by USSC in Close Ruling

[crazy canuck]

*Necessary CC disclaimer

Much appreciated.

[The Minsky Moment]

Interesting term.
Kennedy has been trending left ever since Bush v. Gore.  This is the term where he seems to have gone full O'Connor.

[Martinus]

This pastor didn't literally mean he would set himself on fire over gay marriage

A Texas pastor has clarified comments he made ahead of the SCOTUS ruling on same-sex marriage to say he didn't mean he would literally set himself on fire.
Texas pastor Rick Scarborough made the claim ahead of yesterday's Supreme Court ruling on same-sex marriage which will bring the right to all gay and lesbian couples in the US.
One-upping the Australian Christian couple who have threatened to divorce if the ban on same-sex marriage is lifted, the Texan appeared to threaten to burn himself alive.
He said: "We're simply being pre-emptive and saying, no matter what the cost, we are not going to bow, we are not going to bend, and we will burn."
Scarborough has now clarified, however, saying in a statement: "I made that comment to paraphrase a spiritual song, Shadrach, Meshach and Abednego in which the three were given a choice—to bow to the image of Nebucahdnezzar or burn in a furnace.
"'We will burn' means that we will accept any sanction from the government for resisting today's Supreme Court decision. We do not support any violence or physical harm."

[Martinus]

This made my day 

[The Brain]

Can gay couples sue the States that illegally stopped them from getting married?

[Martinus]

Can gay couples sue the States that illegally stopped them from getting married?

Well, they just did - the SCOTUS ruling is a result of such lawsuits. I don't think US law allows a plaintiff to claim damages from the state over loss suffered as a result of an unconstitutional law being enforced, though (which makes it quite unique compared to many Western democracies).

[The Brain]

Can gay couples sue the States that illegally stopped them from getting married?

Well, they just did - the SCOTUS ruling is a result of such lawsuits. I don't think US law allows a plaintiff to claim damages from the state over loss suffered as a result of an unconstitutional law being enforced, though (which makes it quite unique compared to many Western democracies).

So States can basically wipe their asses with the Constitution?

[Martinus]

I don't know, ask the US lawyers.

[The Brain]

FFS

[The Minsky Moment]

States have sovereign immunity, so they can only be sued for money if they consent or a federal law specifically authorizes it.  There is a federal law (section 1983) that permits a person to sue if a state official violates their civil rights under color of state law (i.e. acting in an official capacity), but it has to be a clearly established right.   So a suit based on conduct pre King v. Burwell might fail because the right wasn't clearly established.

[Martinus]

I guess they should be able to sue now, though, if a clerk refuses to issue a marriage license, the way some assholes in Texas or Alabama say they will.

[Valmy]

I guess they should be able to sue now, though, if a clerk refuses to issue a marriage license, the way some assholes in Texas or Alabama say they will.

There is going to be a rush of marriages here so there will be ample opportunities. Color me skeptical the assholes will have the guts to go through with it.

[grumbler]

I can understand Malthus's frustration, to be honest. Languish in general, and some posters in particular (CC, Yi and grumbler all come to mind) have this tendency to really bog you down in minutiae by deliberately (or perhaps it is some form of psychosis or mental deficiency) misinterpreting your post - and if you choose to ignore them in exasperation, they smugly and abrasively announce their "victory".

Can you give me an example of where I have done any of these things?  I'm not seeing it, but if it is so common, you surely can provide an example.  If you can't, it will be pretty clear that you are just trying to add to the already-poisonous atmosphere here, perhaps because of "some form of psychosis or mental deficiency," as you so politely put it.

[Martinus]

Damn, I was hoping Obama would send in the National Guard.

Btw, I have been seriously considering moving to Oregon for the last two months. And they just legalised recreational marijuana. 

[The Brain]

States have sovereign immunity, so they can only be sued for money if they consent or a federal law specifically authorizes it.  There is a federal law (section 1983) that permits a person to sue if a state official violates their civil rights under color of state law (i.e. acting in an official capacity), but it has to be a clearly established right.   So a suit based on conduct pre King v. Burwell might fail because the right wasn't clearly established.

Thanks. Man, States have a cushy job.